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BAVA KAMA 85

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SUMMARY

Rebbi holds that a Klal and Prat may not be learned if the Prat is far from the Klal, while Ben Azai argues.
 
If a person injures his friend and also causes him pain he must pay for Nezek and for the pain
 
The amount that is paid for the pain is evaluated in accordance with how much a person who is condemned to have his hand cut off with a sword will pay to have it cut off instead in a painless manner.
 
If a person wounds his friend and blisters develop as a result of the injury causing the wound to worsen he must pay for the additional medical expenses and unemployment.
 
If blisters develop because the victim disregarded the instructions of the doctor to avoid certain foods causing the wound to worsen he is not obligated to pay for the additional medical expenses and unemployment.
 
If the victim was instructed not to wrap the wound and he wrapped it anyway causing the wound to worsen he does not have to pay for the additional medical expenses or unemployment.
 
If the victim was told he could wrap the wound but not too much if he wrapped it too much the Tana Kama holds that he must pay for the additional medical expenses and unemployment.
 
R. Yehudah says that he is Chayav to pay for the additional medical expenses, but not for the unemployment. (1)
 
The Chachamim say that he is Patur from paying both for the additional medical and for the unemployment.
 
The Torah gives a doctor the right to heal.
 
If the perpetrator offers to heal the wound himself or to bring a doctor who works for free or who lives in a distant place the victim may insist that he must pay for a local doctor. (2)
 
If the victim wants to heal himself and not use a doctor the perpetrator may insist that a doctor be used because if he doesn't heal properly people will call him a Shor ha'Mazik.
 
All four payments of Tzar, Ripuy, Sheves and Boshes are paid even if Nezek is also being paid.
 
A person who causes damage must pay whether he is a Shogeg, Meizid, Ones or Ratzon.
 
The amount of unemployment that is paid if a person cuts off his friend's arm or leg is according to how much the victim would be paid as a guardsman. (3)
 
If a person blinds his friend the amount of unemployment that is paid is according to him much he would receive for working in a mill.
 
If a person deafens his friend he must pay the total value of his friend because a deaf person is not fit to engage in any type of work.
 
If a person cuts off his friend's hand and than cuts off his foot and than he blinds him and deafens him it is a Safek if the Tzar and Boshes of each injury is evaluated separately or all at once. (4)
 
It is a Safek to Rabah if someone injures his friend and he is temporary devalued but he will eventually recover completely if he must pay for Nezek or he only must pay for Sheves.

A BIT MORE

1. R. Yehudah holds that since the Torah used a double Lashon for Ripuy it teaches us that even though the victim wrapped it too much he must pay for the additional medical expenses but he is Patur from paying for unemployment, while the Tana Kama holds that since he is Chayav to pay for the medical expenses he must pay for the unemployment as well.
 
2. The victim may insist that the he doesn't want the perpetrator to heal him since he doesn't trust him and he also has the right not to use a doctor who works for free or a doctor who is from a distant place because a doctor who works for free is not worth anything and a doctor who is not local is not as careful with his work since he does not practice locally.
 
3. Even though prior to his injury he was capable of engaging in a more lucrative profession, however now that he has been permanently injured he will no longer be capable of earning more than a guardsman and therefore that is the amount that he is paid for unemployment while he recovers from his wounds. The payment of Nezek covers for the loss of income that he incurs as a result of the fact that he will no longer be capable of engaging in his previous profession and will be forced to work as a guardsman after he recovers from his illness.
 
4. However, Sheves is not paid at all because when he deafens him he must pay his complete value and consequently he is akin to being his servant and he doesn't have to pay for Sheves.

BRIEF INSIGHT

LOCKED IN
 
The Gemara states that if a person locks his friend into a room and causes him to miss work he must pay for unemployment. The Rosh says that he is only Chayav to pay if he pushed into the room and locked the door. However if the person was already in the room and he locked the door preventing him from getting out it is considered Gerama and he is Patur. Just as a person who knocks down the wall of the pen of his friend allowing his animals to escape is Patur because it is a Gerama so too if he locks the animal into a pen and it dies from hunger it is also a Gerama. Therefore in if he locked the person in a room it is a Gerama and he is Patur unless he pushed the person into the room before he locked the door.

QUICK HALACHAH

EXTRA FOOD
 
If someone injures his friend for the amount of less than a Perutah he is punished with Malkus since there is no Chiyuv to pay money. Even if a person injures a non-Jewish servant he is punished with Malkus since an Eved Kena'ani is Chayav in Mitzvos. If someone wounds his friend he must pay the five payments of Nezek, Tzar, Ripuy, Sheves and Boshes when all of these payments apply. According to some opinions he also must pay for extra food that the victim needs during the duration of his illness. (Shulchan Aruch CM 420:2,3)

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